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U.S. v. NAHODIL

September 6, 1991

UNITED STATES OF AMERICA
v.
DAVID L. NAHODIL.



The opinion of the court was delivered by: McCLURE, District Judge.

MEMORANDUM

I. BACKGROUND

On November 15, 1990 David Nahodil was indicted in a four-count indictment charging firearms violations. Count I alleged that on or about April 13, 1989, Nahodil used and carried a Savage combination .22 caliber rifle/20 gauge shotgun during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1). Count II charged that Nahodil, a convicted felon, possessed the aforementioned rifle in violation of 18 U.S.C. § 922(g). Count III charged a second violation of 18 U.S.C. § 922(g) for Nahodil's alleged possession of a 20 gauge Westernfield shotgun. Count IV alleged that on or about July 25, 1989, Nahodil made a false statement in connection with his acquisition of the Westernfield shotgun, in violation of 18 U.S.C. § 922(a)(6).

On March 14, 1991, a superseding five-count indictment was filed against Nahodil. Count I of the superseding indictment charged Nahodil with making a false statement in connection with his acquisition of the Savage combination .22 caliber rifle/20 gauge shotgun in violation of 18 U.S.C. § 922(a)(6). The remaining four counts of the superseding indictment are identical to the original four-count indictment.

Nahodil entered into a plea agreement whereby he agreed to plead guilty to Count II of the superseding indictment charging him with using or carrying a firearm in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1), and the United States agreed to dismiss the four remaining counts in the superseding indictment. The plea agreement was executed by Nahodil and United States Attorney James J. West on May 22 and May 24, 1991, respectively. As a result of the plea agreement, a change of plea hearing was held on May 31, 1991. At the hearing, Nahodil pled guilty to Count II of the superseding indictment, which charged that:

    On or about the 13th day of April, 1989, in Coal
  Township, Northumberland County, Commonwealth of
  Pennsylvania, within the Middle District of
  Pennsylvania and within the jurisdiction of this
  Court, the Defendant, David L. Nahodil, knowingly
  used and carried a firearm, specifically a Savage
  combination .22 rifle/20 gauge shotgun, Model 24C,
  Serial Number B727089, during and in relation to a
  drug trafficking crime for which he may be
  prosecuted in a court of the United States, to
  wit: distribution and possession with intent to
  distribute a controlled substance.
    In violation of Title 18 United States Code,
  Section 924(c)(1).

COURT: Did you pick up the gun?

  DEFENDANT: Your Honor, she asked me about it and
  I, I tried to explain it to her, it's used to go
  hunting with me, Your Honor.

COURT: Was it in the bedroom with you?

DEFENDANT: Yes, sir, it was on the gun rack.

  COURT: And while she was up in that room you did
  pick it up and show it to her?

DEFENDANT: Yes, sir, but not as a threat.

  COURT: Did you ask Christine to bring you some
  ammunition?

DEFENDANT: No, sir.

COURT: Did you get ...


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